Forster v. Kansas City
Missouri Court of Appeals
Appeal. from Jacksou Circuit Court.- — Hon. Herman lirwribaclc, Judge. (1) There Avas not sufficient proof of negligence to support a verdict; if there was plaintiff was herself negligent. (2) The court erred in giving plaintiff’s-first instruction. Said instruction erroneously imposed the absolute duty upon the city to keep said sidewalk reasonably safe. Dunn v. Nicholson, 117 Mo.
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Appeal. from Jacksou Circuit Court.- — Hon. Herman lirwribaclc, Judge. (1) There Avas not sufficient proof of negligence to support a verdict; if there was plaintiff was herself negligent. (2) The court erred in giving plaintiff’s-first instruction. Said instruction erroneously imposed the absolute duty upon the city to keep said sidewalk reasonably safe. Dunn v. Nicholson, 117 Mo. App. 374. Said instruction erroneously told the jury that the plaintiff could blindly rely on defendant’s duty to keep said sideAvalk safe. Coffey v. Carthage, 186 Mo. 573; Grout v. Central, etc., Co., 125 Mo. App.…
1Opinion of the CourtEllison, J.
This action is for personal injury received by plaintiff in falling upon one of the sidewalks in the streets of Kansas City, which is charged to have been negligently kept in an unsafe and dangerous condition. The judgment in the trial court was for the plaintiff.
*506Since the verdict was for the plaintiff, we will assume the facts of the case to be as the evidence in her behalf tends to prove them. It appears that she was walking eastwardly, along Twelfth street, after dark, where it was being repaired. That cobble stones were piled three or four feet inside the curb separating the walk from the…
2Cases cited5 opinions
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Garard v. Manufacturers' Coal & Coke Co.Supreme Court of Missouri · 1907
- Howard v. City of New MadridMissouri Court of Appeals · 1910
- De Courcy v. Prender-Gast Construction Co.Missouri Court of Appeals · 1909
- Dunn v. NicholsonMissouri Court of Appeals · 1906
3Cited by1 opinion
- Lewis v. City of SpokaneWashington Supreme Court · 1923